[Added 12-22-1997 by Ord. No. 28496]
It is the intent and purpose of this article to accommodate
the communications needs of the general public in the City while protecting
the public safety and general welfare of the community by minimizing
the adverse visual effects of wireless communication equipment towers,
facilities and devices, by providing safeguards for the general public,
by avoiding potential damage to adjacent properties and by maximizing
the use of existing towers and buildings by encouraging collocation
of equipment to accommodate the needs of wireless communication in
order to reduce the number of towers needed to serve the community.
10.21.
ABOVE GROUND LEVEL (AGL) — A measurement of height from the
natural grade of the location of the wireless communication equipment
to the highest point of the structure.
10.22.
ANTENNA — A device, usually a metal rod, dish or panel, for
receiving and transmitting electromagnetic signals, including, but
not limited to, radio, video, telephone or data transmissions.
10.23.
CAMOUFLAGED — Wireless communication equipment that is disguised,
hidden, part of an existing or proposed structure or placed within
an existing or proposed structure is considered camouflaged.
10.24.
FACADE-MOUNTED WIRELESS COMMUNICATION EQUIPMENT — Wireless
communication equipment that is attached to a vertical wall, exterior
surface or ornamental surface, other than the roof, of a building
or structure.
10.25.
FALL ZONE — The area on the ground within a prescribed radius
from the base of wireless communication equipment. The fall zone is
the area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
10.26.
GUYED TOWER — A monopole or lattice tower that is tied to the
ground or other surface by diagonal cables.
10.27.
INTERIOR-MOUNTED WIRELESS COMMUNICATION EQUIPMENT — Wireless
communication equipment that is wholly within a building or structure.
10.28.
LATTICE TOWER — A type of mount that is self-supporting with
multiple legs and cross-bracing of structural steel.
10.29.
MONOPOLE — The type of mount that is self-supporting with a
single shaft of metal or concrete and a platform (or racks) for panel
antennas arrayed at the top, except for wood shaft mounts, which are
not allowed.
10.210.
ROOF- OR TOP-MOUNTED WIRELESS COMMUNICATION EQUIPMENT —
Wireless communication equipment that is attached to the primary roof
of the building or roof structure, top of a water tank, chimney, utility
pole or power line structure steeple.
10.211.
WIRELESS COMMUNICATION EQUIPMENT — A device or other apparatus,
fixed at a location, for transmission and reception of telecommunications
that performs the function of antennas, together with any supporting
structures, equipment and facilities ancillary and/or necessary thereto,
including, but not limited to, panel antennas, whip antennas, freestanding
monopoles, dish and cone shaped antennas, satellite earth station
antennas, personal wireless communication systems facilities, paging
service facilities, cellular telephone service facilities, mobile
radio service facilities and related equipment boxes.
10.31.
Wireless communication equipment shall be installed, erected, maintained
and used in compliance with all applicable federal and state laws
and regulations, including, but not limited to, radio frequency emissions
regulations issued pursuant to the Telecommunications Act of 1996,
including all successors to such laws and regulations. An applicant
seeking to construct or install wireless communication equipment shall
submit a report from a qualified engineer or other professional certifying
that the proposed equipment meets the requirements of these regulations.
This certificate shall be submitted at the time of the building permit
application or special permit application.
10.32.
Wireless communication equipment must at all times be maintained
in a good and safe condition and comply with all applicable FCC standards
and shall be removed within 60 days of the date when all use of such
equipment ceases. This provision shall apply to all wireless communication
equipment and structures existing on the effective date of this section.
Continued compliance with these conditions shall be maintained by
the operator of the equipment and the owner of the structure.
10.33.
The height of wireless communication equipment shall not exceed by
more than 10 feet (3.01 meters) the height limits of the zoning district
in which the facility is proposed to be located, unless the facility
is completely camouflaged, such as within a flagpole, steeple, chimney
or similar structure; but in no case shall guyed towers, lattice towers
or monopoles be greater than 75 feet (22.86 meters) in height. Wireless
communication equipment may be located on a building that is legally
nonconforming with respect to height, provided that the facilities
do not project above the existing building height.
10.34.
In the event that an existing structure is proposed as a mount for
wireless communication equipment, the setback provisions of the zoning
district shall apply. In the case of preexisting nonconforming structures,
wireless communication equipment shall not increase any nonconformities,
except as provided in Section 10.35 below.
10.35.
In reviewing a special permit application for wireless communication
equipment, the City Council may reduce the required fall zone and/or
setback distance by as much as 50% of the required distance, if it
finds that a substantially better design will result from such a reduction.
In making such a finding, the City Council shall consider both the
visual and safety impacts of the proposed use.
10.36.
Any fencing used to control access to wireless communication equipment
shall be compatible with the visual character of the structures in
the surrounding neighborhood, to the extent possible.
10.37.
Visibility/camouflage.
10.371.
Wireless communication equipment shall be sited, screened and/or
painted or otherwise colored or finished to blend in with the building
or structure on which it is mounted or in a manner which aesthetically
minimizes the visibility of the devices in the surrounding landscape
or on the building or structure to which they are attached.
10.372.
When wireless communication equipment extends above the roof
height of a building on which it is mounted, every effort shall be
made to conceal the facility within or behind existing architectural
features to limit its visibility from public ways. Facilities mounted
on a roof shall be stepped back from the front facade in order to
limit their impact on the building's silhouette.
10.373.
Wireless communication equipment that is facade-mounted shall
blend with the existing building's architecture and, if over five
square feet (.46 square meters), shall be painted or shielded with
material which is consistent with the design features and materials
of the building.
10.374.
If wireless communication equipment is not camouflaged from
public viewing areas by existing buildings or structures, it shall
be surrounded by buffers of dense tree growth and understory vegetation
in all directions to create an effective year-round visual buffer.
Guyed towers, lattice towers and monopoles shall be provided a vegetated
buffer of sufficient height and depth to effectively screen the facility.
Trees and vegetation may be existing on the subject property or installed
as part of the proposed facility or a combination of both. The City
Council shall approve the types of trees and plant materials and depth
of the needed buffer based on site conditions during the special permit
process.
10.38.
No part of any building-mounted wireless communication equipment
shall be located over a public way.
10.39.
Wireless communication equipment shall be lighted only if required
by the Federal Aviation Administration (FAA). Lighting of equipment
structures and any other facilities on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the parcel to be developed, and footcandle measurements
at the property line shall be 0.0 initial footcandles when measured
at grade.
10.310.
Wireless communication equipment on guyed towers, lattice towers
or monopoles shall not generate noise in excess of 50 decibels at
the property line.
10.311.
Roof- or top-mounted or facade-mounted wireless communication
equipment shall not generate noise in excess of 50 decibels at ground
level at the base of the building closest to the antenna.
10.312.
Historic buildings.
10.3121.
Any wireless communication equipment located on or within an
historic structure shall not alter the character defining features,
distinctive construction methods or original historic materials of
the building.
10.3122.
Any alteration made to an historic structure to accommodate
wireless communication equipment shall be fully reversible.
10.41.
Equipment used solely for receiving or transmitting wireless communication
customary for private residential use, even if such equipment is used
in conjunction with nonresidential structures, including, but not
limited to, a conventional television or radio antenna, fixed wireless
personal communication system, direct broadcast satellite antenna
3.28 feet (1 meter) or less in diameter and multipoint distribution
service antenna or home satellite dish of not more than 3.28 feet
(1 meter) in diameter or measured diagonally.
10.42.
Equipment owned and operated by an amateur radio operator licensed
by the FCC, which device shall be installed at the minimum height
necessary for the functioning of amateur radio communication in accordance
with the licensing requirements for that location. Such equipment
shall be allowed in accordance with the setback requirements for the
district in which it is located. No commercial use of equipment or
supporting structures which were installed for amateur radio operation
is permitted.
10.43.
Municipal antennas. Antennas used strictly for municipal billing
purposes relating to the City's water/sewer system shall be permitted
on City-owned buildings or structures in any zoning district, provided
that they shall not violate the provisions of this chapter relating
to height requirements in the particular district in which each such
antenna is located. No such municipal antennas shall be authorized
in City parkland except to the extent authorized by Act of the General
Court.
[Added 7-7-2014 by Ord.
No. 33102]
10.51.
Interior-mounted wireless communications equipment.
10.511.
Zoning district restrictions.
(a)
Interior-mounted wireless communication equipment is not allowed
in Conservation/Recreation Districts.
(b)
Interior-mounted wireless communication equipment is allowed
in Residence A-1, Residence A-2, Residence A-3, Residence A-4, Residence
B, Residence C, Residence D, Business A, Business B, Business C, Limited
Commercial, Commercial and Industrial Districts by special permit
of the City Council in accordance with Section 3.5.
(c)
Notwithstanding the foregoing, roof- or top-mounted wireless
communication equipment is allowed in Residence A-1, Residence A-2,
Residence A-3 and Residence A-4 Districts, provided that all such
equipment is set back a minimum distance of 200 feet from all property
lines and public ways and is entirely located within a property that
has a minimum contiguous area of at least two acres that is used for
educational purposes as defined in Section 3.215 that has received
full accreditation of a recognized private, state or federal organization
upon grant of a special permit of the City Council in accordance with
Section 3.5.
[Added 6-11-2018 by Ord.
No. 34096]
10.52.
Roof- or top-mounted wireless communication equipment.
10.521.
Zoning district restrictions.
(a)
Roof- or top-mounted wireless communication equipment is not
allowed in Residence A-1, Residence A-2, Residence A-3, Residence
A-4, Residence B or Conservation/Recreation Districts.
(b)
Roof- or top-mounted wireless communication equipment is allowed
in Residence C, Residence D, Business A, Business B, Business C, Limited
Commercial, Commercial and Industrial Districts by special permit
of the City Council in accordance with Section 3.5.
10.53.
Facade-mounted wireless communication equipment.
10.531.
Zoning district restrictions.
(a)
Facade-mounted wireless communication equipment is not allowed
in Residence A-1, Residence A-2, Residence A-3, Residence A-4, Residence
B or Conservation/Recreation Districts.
(b)
Facade-mounted wireless communication equipment is allowed in
Residence C, Residence D, Business A, Business B, Business C, Limited
Commercial, Commercial and Industrial Districts by special permit
of the City Council in accordance with Section 3.5.
(c)
Notwithstanding the foregoing, facade-mounted wireless communication
equipment is allowed in Residence A-1, Residence A-2, Residence A-3
and Residence A-4 Districts, provided that all such equipment is set
back a minimum distance of 200 feet from all property lines and public
ways and is entirely located within a property that has a minimum
contiguous area of at least two acres that is used for educational
purposes as defined in Section 3.215 that has received full accreditation
of a recognized private, state or federal organization upon grant
of a special permit of the City Council in accordance with Section
3.5.
[Added 6-11-2018 by Ord.
No. 34096]
10.54.
Guyed tower, lattice tower and monopole wireless communication equipment.
10.541.
Zoning district restrictions.
(a)
Guyed towers, lattice towers and monopoles are not allowed in
Residence A-1, Residence A-2, Residence A-3, Residence A-4, Residence
B, Residence C, Residence D, Business A, Business B, Business C or
Conservation/Recreation Districts.
(b)
Guyed towers, lattice towers and monopoles are allowed in Limited
Commercial, Commercial and Industrial Districts by special permit
of the City Council in accordance with Section 3.5. and the requirements
below.
10.542.
Equipment shall be no higher than 75 feet (22.86 meters).
10.543.
Equipment shall be set back at least 125 feet (38.1 meters)
from the property line. Equipment shall also be setback at least four
feet (1.22 meters) for every 1 foot (.3 meter) of antenna height from
the nearest residential structure and/or public right-of-way and two
feet (6.1 meters) of antenna height from the nearest nonresidential
structure. The setback is considered a fall zone.
10.544.
Every special permit issued by the City Council for a new guyed
tower, lattice tower or monopole shall be automatically subject to
the condition that the permit holder must allow collocation upon the
structure by other wireless communication providers upon commercially
reasonable terms and conditions and without reasonable delay, if such
collocation is technically feasible. It is expressly provided that
any requirement imposed by a permit holder which requires the payment
of rent in excess of industry standards or which allows the collocation
only if the requesting party provides comparable space on one of its
structures to the permit holder shall be deemed to be commercially
unreasonable.
10.55.
Collocation of wireless communication equipment on existing structures
and buildings is encouraged. The applicant for a guyed tower, lattice
tower or monopole shall demonstrate that the communication equipment
planned for the proposed structure cannot be accommodated on an existing
or approved structure or building within a five-tenths-mile (eight-tenths-kilometer)
search radius of a proposed structure, for one or more structural,
technical, economic or other reasons as documented by a qualified
engineer or other qualified professional.
10.56.
Modification or addition of wireless communication equipment, except
equipment for the purposes allowed in Section 10.4, will require a
special permit by the City Council in accordance with Section 3.5.
